The Law Commission and The Scottish Law Commission INSURANCE CONTRACT LAW Issues Paper 6 Damages for Late Payment and the Insurer’s Duty of Good Faith THE LAW COMMISSIONS – HOW WE CONSULT About the Law Commissions: The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Rt Hon Lord Justice Munby (Chairman), Professor Elizabeth Cooke, David Hertzell, Professor Jeremy Horder and Frances Patterson QC. The Chief Executive is Mark Ormerod CB. The Scottish Law Commissioners are: The Hon Lord Drummond Young (Chairman), Laura J Dunlop QC, Professor George L Gretton, Patrick Layden QC, TD and Professor Hector L MacQueen. The Chief Executive is Malcolm McMillan. Topic: We ask whether a policyholder should be able to claim damages from their insurer for the late or non-payment of an insurance claim. We consider whether this might be achieved by reform of the insurer’s post-contract duty of good faith. We welcome views on our provisional recommendations. Geographical scope: England and Wales, Scotland. Duration of the consultation: from 24 March 2010 to 24 June 2010. How to respond Please send your responses either – By email to:
[email protected] or By post to: Martyn Naylor, Law Commission, Steel House, 11 Tothill Street, London SW1H 9LJ Tel: 020 3334 0286 / Fax: 020 3334 0201 If you send your comments by post, it would be helpful if, where possible, you also send them to us electronically (in any commonly used format).